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Patna High CourtCWJC/8701/2019disposed

Yogendra Ram, v. The State Of Bihar

2019-12-18Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8701 of 2019 ====================================================== Yogendra Ram, Son of Late Sanhu Ram, resident of Village and Police Station- Bairiya, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary, Agriculture Department, Bihar, Patna.

2.

The Director Agriculture, Bihar, Patna.

3.

The District Magistrate, West Champaran.

4.

The Block Development Officer, Nautan Block, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar For the Respondent/s :

Mr.Ragwanand (Ga11) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner, learned AC to GA-11 for the State.

The petitioner has filed this application for quashing of the order dated 27.12.2018 contained in memo no. 1052 issued by the Director Agriculture, Bihar, Patna whereby total of 15 Village Level Worker/ Jan Sevak including this petitioner have been granted promotion as Block Agricultural Officer. It is submitted by learned counsel for the petitioner that pursuant to the order passed in the writ application and directions in the contempt application, by order dated 27.12.2018 as contained in Annexure-I to this writ application, the petitioner along with others, who were working as Jan Sevak in the district of West Champaran, were promoted as Block Agricultural Officer, Mashrakh and posted at Saran. The name of petitioner figures in sl. no. 12 in the said order. The reason for

Patna High Court CWJC No.8701 of 2019(2) dt.18-12-2019 2/3 challenging the said order of promotion by the petitioner in the instant writ application transpires from his representation as contained in Annexure-2 to the application received in the office of respondent authorities on 29.12.2018, the petitioner stated therein that his wife suffered from cardiac problem and as a result he is facing difficulty in moving to his promoted post at Saran.

It is further submitted by learned counsel for the petitioner that he is ready to forego his promotion as Block Agricultural Officer for the reason and he will continue as Village Labour Worker/Jan Sevak in the District of West Champaran so that he will be able to look after his wife. A counter affidavit has been filed on behalf of respondent nos. 1 and 2, wherein it has been stated that the petitioner was given regular promotion in the Cadre of Block Agricultural Officer. It is further stated that order granting promotion, which is under challenge in the instant application, has been issued in compliance of the order of this Court. Counter affidavit takes note of the representation dated 31.12.2018 and 29.01.2019 filed by the petitioner before the respondents.

Having heard learned counsel for the parties and

Patna High Court CWJC No.8701 of 2019(2) dt.18-12-2019 3/3 having gone through the records of the case, it appears from the counter affidavit that the respondents are not agreeable to consider the representation filed on behalf of the petitioner for the reasons that the order granting promotion to the petitioner has been made in compliance of the directions of this Court. In my considered opinion, once the order of promotion has been passed with respect to the petitioner, so far as direction of this Court is concerned, the same has already been complied with. The order of this Court would not be an impediment in reconsidering the representation of the petitioner on the grounds mentioned therein for the reasons which have developed subsequently.

In view of the above facts, the instant writ application is disposed of with a direction to the Director Agricultural Officer, Bihar, Patna, respondent no. 2 to consider the representation filed by the petitioner and to pass an appropriate order within a period of 8 weeks from the date of receipt/production of a copy of this order.

The writ application is disposed of.

(Partha Sarthy, J) sushma/- U